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20�20029� DEED OF TRUST Loan No: 5863616932 (Continued) Page 11 provision shall sunrive the repayment of the Note and the termination, amendment or expiraUon of any of the Documents or any relaUonship between the parties. G. State Snecific Provisions. If Delaware or Pennavivanla law govems the DlsDUtB, the following provision is Included: Confession of Judgment Notwithstanding anything herein to the contrary, the arbitration requirement does not Iimit or preclude tha right of Lender to confess judgment pursuant to a warrant of attomey provision set forth in the Note or Related Documents. No parly shall have the right to demand binding arbiVation of any claim, dispute or controversy seeking to (f) strike-off or open a judgment obtained by confession pursuant to a warrant of attomey contained in the Note or Related Documents, or (ii) challenge the waiver of a right to prior noUce and a hearing before Judgment is entered, or after Judgment is entered, but before execution upon the judgment. Any claims, disputes or controversies challenging the confession of judgment shall be commenced and prosecuted in accordance with the procedures set forth, and in the forum specified by the applicable state rules of civil procedure or other applicable law. Ii M�land lauv govems the Disoute, the following provlsion is included: Confession of Judgmer�t Notwithstanding anything herein to the contrary, the arbitraUon requirement does not limit or preclude the right of Lender to confess judgment, and no party shail have the right to demand binding arbitratlon of any claim, dispute or controversy seeking to open a judgment obtained by confession. Nothing herein, including the arbitratlon requirement, shell Iimft the right of any party to foreclose judicially or non Judicially against any real or personal property collateral, or exercise judicial or non-judicial power of sale rights. No provision regarding submission to a Jurisdiction and/or venue in any court or the waiver of any right to trlal by jury is intended or shall be consVued to be in derogaUon of the provisions for arb(Vatlon of any dispute. Any claim or counterclaim ar defense raised in connection with Lender's exercise of any rights set forth in the Note or Related Documents shall be subject to the arbitration requfrement. If South Carolina law gpvems the DlsputB, the tollowing provision is included: WAIVER OF JURY TRIAL NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, WITHOUT INTENDING IN ANY WAY TO LIMIT THE PARTIES' AGREEMENT TO ARBITRATE ANY DISPUTE AS SET FORTH IN THIS MORTGAGE, TO THE EXTENT ANY DISPUTE IS NOT SUBMITTED TO ARBITRATION OR IS DEEMED BY THE ARBITRATOR OR BY ANY COURT WITH JURISDICTION TO BE NOT ARBITRABLE OR NOT REQUIRED TO BE ARBITRATED, MORTGAGOR AND MORTGAOEE WAIVE TRIAL BY JURY IN RESPECT OF ANY SUCH DISPUTE AND ANY ACTION ON SUCH DISPUTE. THIS WAIVER IS KNOWINGLY, WILLINGLY AND VOLUNTARILY MADE BY MORTGAGOR AND MORTGAGEE, AND MORTGAGOR AND MORTGAGEE HEREBY REPRESENT THAT NO REPRESENTATIONS OF FACT OR OPINION HAVE BEEN MADE BY ANY PERSON OR ENTITY TO INDUCE THIS WANER OF TRIAL BY JURY OR TO IN ANY WAY MODIFY OR NULLIFY ITS EFFECT. THIS PROVISION IS A MATERIAL INDUCEMENT FOR THE PARTIES ENTERING INTO THE LOAN DOCUMENTS. MORTGAGOR AND MORTGAGEE ARE EACH HEREBY AUTHORIZED TO FILE A COPY OF THIS SECTION IN ANY PROCEEDING AS CONCLUSIVE EVIDENCE OF THIS WAIVER OF JURY TRIAL MORTGA(30R FURTHER REPRESENTS AND WARRANTS THAT IT HAS BEEN REPRESENTED IN THE SIGNINO OF THIS MORTGAGE AND IN THE AAAKING OF THIS WAIVER BY IIdDEPENDENT LEGAL COUNSEL, OR HAS HAD THE OPPORTUNITY TO BE REPRESENTED BY INDEPENDENT LEGAL COUPISEL SELECTED OF ITS OWN FREE WILL, AND THAT IT HAS HAD THE OPPORTUNITY TO DISCUSS THIS WANER WITH COUNSEL. If �inia law governs the Dis�, the following provision is included: Confesslon of Judgment The arbitration requirement does not Iim(t or preclude the right of Lender to confess judgment pursuant to a warrant of attomey provision set forth in the Note or Related Documents. No party shall have the right to demand binding arbitratlon of any claim, dispute or controversy seeking to (i) strfke-off or open a judgment obtalned by confession pursuant to a warrant of attomey contained in the Note or Related Documents, (ii) challenge the waiver of a right to prior notice and a hearing before judgment is entered, or after Judgment is entered, but before execution upon the judgment. My claims, disputes or conVoversies challenging the confession of judgment shall be commenced and prosecuted in accordance with the procedures set forth, and in the forum specified by the applicable state rules of civil procedure or other applicable law. :-�, =r. If California law g4Yerns the Disnute, the following provisions are included: Real Property Collaterel; Judicial Reference. Notwithstanding anything herein to the contrary, no Dispute shall be submitted to arbitration if the Dispute concems indebtedness secured directly or indirecUy, in whole or in pert, by any real property unless (I) the holder of the mortgage, Ifen or security interest speciflcally elects in writing to proceed with the arbitratlon, or (ii) all partles to the arbiVation waive any rights or benefits that might accrue to them by virtue of the single action rule statute of Calffomia, thereby agreeing that all indebtedness and obligatlons of the partfes, and all mortgages, Uens and security interests securing such indebtedness and obligatlons, shall remain fulty valid and enforceable. If any such Dispute is not submitted to arbitraUon, the Dispute shall be referred to a referee in acxordance with Califomia Code of Civil Procedure Section 638 et seq., and this general reference agreement is intended to be speciflcally enforceable in acxordance with said Section 638. A referee with the qualifications required herein for arbftrators shall be selected pursuant to the AAA's selection procedures. Judgment upon the decision rendered by a referee shall be entered in the court in which such proceeding was commenced In accordance with Califomia Code of Civil Procedure Sections 644 and 645. Small Claims Court. Any party may require that e Dispute be resolved in Small Claims Court lf the Dispute and related